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GST > Advance Ruling > Flashcards

Advance Ruling Flashcards

1
Q

AAR can give binding ruling to ___________

A

an applicant who is registered taxable person or liable to be registered

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2
Q

Advance ruling given by AAR can be appealed before

A

Appellate Authority for Advance Ruling (AAAR)

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3
Q

what are the objectives for setting up mechanism of Advance Ruling?

A
  1. Provide certainty in tax liability in advance in relation to activity proposed to be undertaken by applicant
  2. Attract FDI
  3. Reduce litigation
  4. Pronounce ruling expeditiously in transparent and inexpensive manner
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4
Q

Provisions of advance ruling are contained in Chapter ______ and Sections _______

A

a) Chapter XVII

b) Sections 95 to 106 of CGST Act

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5
Q

Sec. 97

A

Questions for which advance ruling can be sought

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6
Q

Define advance ruling

A

Sec 95(a)

Means decision provided by Authority or the appellate authority to an applicant on master or matters or on question specified in Sec.97(2) or Sec.100(1) in relation to supply of goods or services or both being undertaken or proposed to be undertaken by the applicant

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7
Q

Questions for which AR can be sought ? - Sec 97

A

1) Classification of any G/S/B
2) Applicability of notification issued under GST act
3) Determination of time and value of supply of G/S/B
4) admissibility of ITC of tax paid or deemed to have been paid
5) Determination of liability to pay tax on any G/S/B
6) Whether applicant is required to be registered?
7) Whether any particular thing done by the applicant wrt to any G/S/B results or amounts in supply

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8
Q

Sec. 96

A

Authority for AR

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9
Q

Sec. 99

A

Appellate Authority for AR

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10
Q

AAR and AAAR - Sec. 96 and 99

A

AAR and AAAR: constituted under provisions of SGST/UTGST deemed so.
Ruling given by AAR/AAAR will be applicable only within the jurisdiction of concerned state or UT.

CG shall appoint officers not below the rank of Joint Commissioner as member of AAR

Determination of place of supply cannot be raised with AAR/AAAR

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11
Q

CG shall appoint officers not below the rank of __________ as member of AAR

A

Joint Commissioner

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12
Q

Determination of place of supply can be raised with AAR/AAAR. true/ false ?

A

False

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13
Q

Sec. 98

A

Procedure for obtaining Advance ruling

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14
Q

Procedure for obtaining Advance Ruling?

A

Sec. 98

    • Applicant to make application to AAR in prescribed form
    • AAR will send copy of application to officer in whose jurisdiction the applicant falls and call for relevant records
    • AAR then examine application with records and also hear the applicant
    • AAR will pass an order either admitting/ Rejecting application
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15
Q

when will application for AR not be admitted ?

A

(Sec. 98) in cases where the question raised in application is already pending or decided in proceedings of an applicant under any provisions of the Act

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16
Q

If the application for AR is rejected, it should be by way of what ?

A

(Sec. 98)Speaking order giving reasons for rejection

17
Q

If application is admitted, AAR shall pronounce its ruling within _________ .

A

(Sec. 98)90 days of receipt of application

18
Q

Before giving the ruling, AAR must hear whom?

A

a) the applicant
b) His authorised representative
c) Jurisdictional officers of CGST/SGST
(Sec. 98)

19
Q

What if there is a difference of opinion between two members of AAR

A

(Sec. 98) they shall refer the point(s) on which they differ to the AAAR for hearing. If the members of AAAR are also unable to come to a common conclusion then it shall deemed that no Advance Ruling can be given in respect of the question on which the difference persists at the level of AAAR

20
Q

A copy of the AR duly signed by members and certified shall be sent to _______

A

1) Applicant
2) Concerned officer
3) Jurisdictional officer

21
Q

Sec. 100 and Sec.101

A

Appeals against order of AAR to Appellate Authority

22
Q

Appeals against order of AAR to Appellate Authority

A

Sec 100 and Sec.101

a) applicant / concerned officer/ jurisdictional officer can file an appeal with AAAR
b) Appeal must be filed within 30 days from receipt of AR.AAAR may allow additional 30 days- if there is sufficient cause for delay
c) Appeal is prescribed form and verified
d) Appellate Authority must pass order within 90 days of filing appeal after hearing both parties
e) If members of AAAR differ on any point, deemed- no AR issued
f) AAAR can confirm or modify the ruling appealed against
g) Copy sent to applicant, CO, JO, Authority

23
Q

Appeal must be filed within _________-

A

30 days from receipt of AR

24
Q

AAAR may allow additional __________ for filing an appeal for Advance ruling

A

30 days

25
Q

AAAR cannot confirm or modify the ruling appealed against. True / False ?

A

False

26
Q

AAAR must pass order within________

A

90 days of filing appeal after hearing both parties

27
Q

Sec.102

A

Rectification of mistakes

28
Q

Rectification of Mistakes by AAR or AAAR. Explain ?

A

S.102

  • power to amend their order to rectify any mistake apparent from record within 6 months from date of order
  • noticed by authority on its own accord or brought to notice by applicant/CO/JO
  • If rectification has effect of enhancing the tax liability or reducing the quantum of ITC , applicant must be heard before the order is passed
29
Q

AAR/ AAAR has the power to amend their order to rectify any mistake apparent from record within _________ u/s

A

a) 6 months from date of order

b) S.102

30
Q

Applicability of Advance Ruling

A

S.103

  • binding only on applicant and CO /JO of applicant
  • not applicable to similarly placed other taxable persons in the State
  • Limited to persons applied for AR
  • Law does not provide for fixed time period for which ruling shall apply .
  • It shall be binding till the time period when the law, facts or circumstances of original advance ruling have not changed
31
Q

S.103

A

Applicability of Advance Ruling

32
Q

S.104

A

Advance Ruling Void in certain circumstances

33
Q

Circumstances when Advance Ruling is void/ nullified /lose its binding value?

A

S.104

  • If AAR/AAAR finds that AR pronouncing has been obtained by the applicant by fraud/ suppression of material facts or misrepresentation of facts: By order declare void ab-initio
  • Consequently , all CGST provisions shall apply as if AR never made applicable ( excluding period AR given and upto the period of order declaring it void)
  • Order passed after hearing applicant/appellant
  • Copy made available to applicant/CO/JO
34
Q

Sec.105 and 106

A

Powers and procedures of AAR and AAAR

35
Q

Powers and procedures of AAR and AAAR

A

Sec.105 and 106
=>powers of civil court under Code of Civil Procedure for
a) discovery and inspection
b) enforcing the attendance of person and examine him on oath
c) compelling production of book and accounts / other records
=>deemed civil court for Sec.195 of Code of Criminal Procedure,1973
=> any proceeding before authority deemed Judicial proceeding u.s 193 and 228 and for Sec.196 of IPC
=> power to regulate their own procedure

GST (2 decks)

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